QUESTION

Hello! Would you please tell me can the employer apply for working visa if potential employee is overstayed ? Thank you!

Asked on Jan 13th, 2019 on Immigration - Illinois
More details to this question:
My visa still valid but I overstayed- stayed longer then supposed to at the time. Could the potential employer apply for working visa ?
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1 ANSWER
Answered on Feb 08th, 2019 at 7:28 PM
The difficulty with employers applying for working visas where potential employees have overstayed is that the employees are not eligible for change of status in the US and must leave the country to apply for the visa overseas. Under most types of visa statuses, individuals who have overstayed for 180 days or one year are barred from coming back to the country for 3 and 10 years respectively. Also be advised that overstaying a visa status in the US automatically invalidates a visa even if it has more time on it.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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